Child support is a financial obligation a parent may be ordered to pay to help raise their child. It is designed to ensure the child’s basic needs—such as food, shelter, clothing, education, and medical care—are met, even when parents are not together.
In Nebraska, the courts follow rigorous guidelines to establish fair and consistent child support awards for sole and joint custody arrangements. These guidelines take into account various factors, including total income of both parents, the needs of the child, how often each parent has the child, and other specific factors that may exist.
At Anderson, Creager and Wittstruck, P.C., L.L.O., we understand the challenges associated with separation and child support, and we're here to help you understand the guidelines used in Nebraska for determining child support responsibilities.
Understanding Child Support Guidelines in Nebraska
The Nebraska Child Support Guidelines provide a foundation for the courts to consider when determining child support obligations. These rules aim to provide a fair and consistent approach for all cases, with the goal of ensuring the financial needs and well-being of the children are adequately met.
Nebraska follows the Income Shares Model, which calculates child support based on the combined net incomes of both parents. This model attempts to emulate the financial situation that would exist if the parents were residing together and to allocate support obligations to each parent in proportion to their respective incomes.
In Nebraska, other factors may be considered in addition to the incomes of the parties. These include, but are not limited to the following:
Parenting time: The amount of time each parent spends with the child can influence the final support amount. More considerable parenting time by the paying parent can result in reduced child support payments, provided such time is documented and consistent.
Existing child support orders: If a parent is already paying child support for another child, that support amount may be deducted from their income in the calculation for the current case.
Health Insurance premiums: Nebraska factors in health insurance premiums paid by either parent when determining child support.
Retirement account contributions: Voluntary contributions to a retirement account of up to 4% of gross pay may be deducted from income used to calculate child support.
Nebraska courts strive to ensure child support orders are fair, adequate, and reflective of the current economic realities faced by both parents. However, in certain cases, the court may deviate from these guidelines if there is sufficient reason to do so.
Deviations From the Guidelines
While the Nebraska Child Support Guidelines provide a baseline for determining the appropriate amount of support, there may be instances where deviations from these guidelines are necessary. Some factors that may warrant a deviation include:
Substantial income disparity: If one parent has a significantly higher income than the other, the court may deviate from the guidelines to ensure both parents contribute proportionally to their child's needs without disproportionately impacting the low-earning parent.
Special needs of the child: If a child has special medical or educational needs that require additional financial support, the court may order an amount that is higher than what is outlined in the guidelines to account for these additional expenses.
Extraordinary circumstances: In rare cases, such as extreme hardship on one parent or high costs of living in a particular area, the court may deviate from the guidelines to ensure fairness and equity.
Deviations from the Nebraska Child Support Guidelines are not automatic and must be supported by evidence presented before the court. In such cases, an experienced child support attorney can help advocate for you and your child and make sure child support orders comply with your custody arrangement.
How Do Custody Arrangements Impact Child Support Decisions?
In Nebraska, the structure of the custody agreement, whether it's sole custody or joint/shared custody, influences the financial responsibilities allotted to each parent.
Sole Custody
In cases where one parent has sole physical custody of the child, the non-custodial parent is typically required to pay a higher amount of child support. This is because the custodial parent bears the majority of the day-to-day expenses of raising the child, including housing, food, clothing, and educational needs.
The court will use the Income Shares Model to calculate the child support amount to make sure the child enjoys financial stability similar to what would have been provided had the parents remained together.
Joint/Shared Custody
When parents have joint or shared physical custody, the child support calculation takes into account the amount of time the child spends with each parent. In these custodial arrangements, both parents typically share the costs associated with the child's upbringing more equally and resulting child support amounts paid by one parent to the other may be lower.
A key factor considered is the actual time spent with the child, which requires accurate documentation and consistency to prove parenting time allocations.
Child Support FAQ
Can I modify a child support order?
Yes, either parent may request a modification of a child support order if there is a significant change in circumstances. This could include a change in income, the medical needs of the child, or a change in custody arrangements.
To request a modification, you must demonstrate that the change results in a child support variation by 10 percent or more, but not less than $25, upward or downward, of the current child support obligation, child care obligation, or health care obligation. The change must also have lasted three months, and be reasonably expected to last for at least an additional six months. However, it's important to note that modifications are not automatic and must be approved by the court.
How can I enforce a child support order?
If a parent fails to comply with a court-ordered child support arrangement, you may take legal action to enforce the child support order by asking the Court to find the payor in contempt of the child support order. A contempt order may result in potential jail time or fines for the parent obligated to pay support. Garnishment offers an additional avenue for enforcement.
The Nebraska Department of Health and Human Services (DHHS) offers several additional enforcement mechanisms such as withholding the payor parent's income, intercepting the payor parent's tax refunds, and suspending the payor parent's driver's license or professional license.
How do I obtain a child support order?
To obtain a child support order in Nebraska, you must file a Complaint with the District Court in the county where either parent resides. Once filed, the court may upon request schedule an initial hearing to discuss temporary child support while the case is pending.
Both parents will be required to disclose their financial information so their respective incomes can be accurately determined. This income information will then be used, along with any applicable deductions or deviations, to determine the appropriate child support obligation.
Seek Experienced Legal Counsel
At Anderson, Creager and Wittstruck, P.C., L.L.O., we understand that child support disputes can be overwhelming. Our experienced team is here to help you through the process and make sure the rights of you and your child are protected.
Located in Lincoln, Nebraska, we serve clients throughout Lancaster County, Gage County, Saline County, Seward County, Otoe County, Cass County, and Saunders County. Contact us today to schedule a consultation.
